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Report to the Community 1998

Table of Contents
Message from the Manager
Who Are We?
What Do We Do?
What Is Our Role?
Whom Do the Laws Protect and Whom Do We Serve?
Enforcement:  Fair Employment, Fair Housing, and Public Accommodations
     Complaints Received/Bases
     Case Resolution
     Education
Disability Access to Programs and Services
1999 OCRE Goals
OCRE Team 1998-1999
How To Reach Us

Message from the Manager

1998 marked the third year the reorganized King County Office of Civil Rights Enforcement (OCRE) focused on enforcement and disability access compliance. OCRE resolved a total of 43 discrimination cases this year and provided numerous individuals and groups with information about non-discrimination and disability access.

1998 also saw the passage of Initiative 200 banning many affirmative action efforts in government. County personnel worked quickly to evaluate its impact on programs and to comply with the new law. From the beginning, we knew that I-200 did not impact the work of OCRE directly. Discrimination was illegal under the County's Fair Housing, Fair Employment, and Public Accommodations ordinances before I-200, and it remains illegal after I-200. Unfortunately, comments we have heard about I-200's impact indicate the public is not so sure. In the coming year, we will face the challenge of getting the word out: discrimination is against the law and cannot be tolerated.

Enforcement is critical to our communities right now, as is the message that discrimination hurts us all. We look to the future that Dr. Martin Luther King Jr. envisioned for us, but recognize that we have much work to do individually and as a society.

I urge you to join us in our mission to eliminate discrimination!

Bailey de Iongh, Manager, OCRE

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Our Mission

We are a King County government office which seeks to eliminate discrimination through education, mediation, and enforcement that is responsive to the needs of a diverse King County.


WHO ARE WE?

Government Agency

The King County Office of Civil Rights Enforcement (OCRE) was established to enforce the County ordinances prohibiting discrimination in housing, employment and public accommodations (public services like restaurants, gas stations and markets). OCRE also works to make sure that people with disabilities can use County services and facilities.

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WHAT DO WE DO?

Investigation, Mediation, Resolution, Education

As the agency enforcing the Fair Housing, Fair Employment and Public Accommodations ordinances, we hear from people who feel they have experienced discrimination. We explain the ordinances to them. We try to resolve complaints as quickly as possible, either through settlement using mediation techniques or after a full investigation.

To ensure access to the County for people with disabilities, we assist County departments in evaluating their programs and facilities. People who believe County departments have not been accessible may file grievances with us. We help resolve these grievances.

One of our important functions is to inform people of their protections and responsibilities under the ordinances we enforce.

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WHAT IS OUR ROLE?

Advocates for the laws, not individuals; Facilitators; Educators

In investigating and resolving Fair Housing, Fair Employment and Public Accommodations cases, we act as an impartial third party advocating for the law with access laws

In resolving disability access grievances, we work with County departments and the grievant to facilitate resolution of the issue, advocating for compliance with access laws.

In providing education on the ordinances, we strive to prevent violations and to let people know of our services.

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WHOM DO THE LAWS PROTECT AND WHOM DO WE SERVE?

You!

The King County anti-discrimination laws protect everyone, regardless of race, national origin, gender, marital status, color, sexual orientation, religion, parental status, disability or age. All members of the public benefit from effective enforcement of these critical laws.

The anti-discrimination ordinances cover unincorporated King County and County government employment. All county services, facilities and programs are covered by our disability access role.

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Employment

"When I first came in to see you I was questioning my feelings about how unfairly I felt I was being treated. The process of meeting and confronting the supervisor in a safe environment and coming to terms in the settlement helped to validate how unhappy I was and that there was a better way to get things done."

Bobbie Merriman McClain, a County employee, filed a complaint because she feared she might re-injure her wrist by writing reports on her job. She had undergone surgery for carpal tunnel syndrome and alleged the County had failed to accommodate her disability. OCRE staff facilitated a meeting to discuss resolution at which Ms. McClain and her employer discussed needed accommodations. They reached a no-fault pre-finding settlement agreement. Unfortunately, Ms. McClain later felt her supervisor retaliated against her for filing the complaint by writing a negative performance evaluation. The second complaint was resolved quickly: the evaluation was removed from the employee’s personnel file. The supervisor left County employment.


ENFORCEMENT: Fair Employment, Fair Housing, and Public Accommodations

Complaints Received/Bases

During 1998, OCRE received 20 Fair Housing complaints, 25 Fair Employment complaints and one Public Accommodations complaint. Yearly filings under the three ordinances are set out in Chart 1:

Types of Complaints

1994

1995

1996

1997

1998

Employment

42(94)

36(95)

14(96)

19(97)

25(98)

Housing

13(94)

31(95)

19(96)

14(97)

20(98)

Public Accommodations

3(94)

1(95)

0(96)

0(97)

1(98)

Total Complaints Filed

58(94)

68(95)

33(96)

33(97)

46(98)

The bases for these complaints and the types of discrimination prohibited under each ordinance are shown in Chart 2:

Bases for Complaints Filed 1998

 

Fair Housing
KCC 12.20
(H)

Fair Employment
KCC 12.18
(E)

Public Accommodation
KCC 12.22
(P)

Race

13 (H)

12 (E)

0 (P)

National Origin

2 (H)

3 (E)

0 (P)

Marital Status

0 (H)

0 (E)

0 (P)

Retaliation

1 (H)

7 (E)

NC (P)

Color

0 (H)

1 (E)

0 (P)

Sex (gender)

2 (H)

8 (E)

1 (P)

Sexual Orientation

0 (H)

1 (E)

0 (P)

Religion

0 (H)

1 (E)

0 (P)

Age

2 (H)

1 (E)

0 (P)

Disability

4 (H)

5 (E)

0 (P)

Section 8

2 (H)

NC (E)

NC (P)

Parental Status

3 (H)

NC (E)

0 (P)

Ancestry

NC (H)

0 (E)

NC (P)

Total Complaints

20 (H)

25 (E)

1 (P)

Each case can allege more than one reason for discrimination.
NC – not covered

The top three issues raised in employment complaints in 1998 were "terms and conditions" (e.g., assignments, pay or discipline), terminations and failure to hire. The top housing issues were "terms and conditions" (e.g., rules and their enforcement, parking policies and other tenancy-related circumstances). The public accommodations complaint involved a refusal to provide service.

Case Resolution

OCRE resolves cases as quickly as possible. Where appropriate, we use mediation techniques to attempt early resolution. If discussions are successful, the "prefinding settlement" agreement is put in writing and signed. OCRE must agree that the terms serve the public interest. In 1998, one employment case and five housing cases were resolved this way. The terms of the settlements included training, monetary relief and other provisions suited to individual cases.

In 1998, OCRE "administratively closed" 10 employment cases. Four Charging Parties withdrew charges after reviewing responses from the employers. Four Charging Parties sought relief in court or with another agency. One Charging Party failed to assist in the investigation. One private settlement agreement was achieved. Nineteen employment and four housing cases were closed after full investigations and a finding of "no reasonable cause" to believe discrimination occurred. Charging Parties can request reconsideration of "no cause" findings.

In one housing case, OCRE found "reasonable cause" to believe that discrimination occurred and was able to resolve the matter after the OCRE manager ordered compensation to the injured party's estate, payment of attorney's fees and other terms.

Closures in 1998

Types of Closures

Employment (E)

Housing (H)

Withdrawals with Settlement

1 (E)

1 (H)

Administrative Closures

10 (E)

0 (H)

Pre-finding Settlements

1 (E)

5 (H)

No Reasonable Cause Findings

19 (E)

4 (H)

Reasonable Cause Findings

0 (E)

1 (H)

Total Closures

31 (E)

11 (H)

Education

In 1998, OCRE experimented with new methods and continued successful means of educating people about the protections and requirements of the ordinances.

OCRE joined with the King County Ombudsman and the King County Board of Ethics to present a new quarterly seminar entitled "Resources, Rights, Responsibilities." The seminars were designed for King County employees, particularly those with direct public contact and referral responsibilities. Participants from each office discussed their role in County government and how they serve County employees as well as the general public.

For fair housing, OCRE participated in the quarterly training presented by the Western Washington fair housing agencies. OCRE staff also presented group training to companies and associations interested in fair housing, including local lenders. We distributed our training manual "Fair Housing Guidelines for Property Owners and Managers."

OCRE and other fair housing agencies continued to publish the "Washington State Fair Housing Update," a quarterly newsletter highlighting fair housing information and events.

In May 1998, the fair housing agencies cooperated to sponsor a celebration of the 30th Anniversary of the federal Fair Housing Act. We gathered at the Langston Hughes Center in Seattle to hear from government officials including County Executive Ron Sims. Speakers contrasted the days before federal and local fair housing legislation with recent achievements. This stirring program featured jazz, poetry, and photography by local youth. As part of the Anniversary Celebration, the agencies also developed and circulated an informational bookmark using local libraries as primary distribution points.

In October 1998, the fair housing agencies attended the housing trade show "Trends" in the Washington State Convention Center and conducted outreach with owners and property managers.

1998 saw the introduction of the OCRE website used to advertise our services and events, including the County's Dr. Martin Luther King Jr. Celebration in January and the Fair Housing event in May.

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Housing

"After they received the complaint the Respondents acted quickly to find out that HIV is not spread in chlorinated water. But, the harm to the Charging Party had already occurred!" --Leticia Fraga, OCRE Investigator

A man who was HIV+ wished to swim in the pool at his apartment complex. The apartment manager informed him privately that he could not swim there because of his condition. The tenant then filed a complaint with OCRE, which found "reasonable cause" to believe discrimination occurred. After OCRE issued the finding, the parties failed to agree on an appropriate remedy. The OCRE manager then ordered the landlord to pay $1000 in compensatory damages, $500 for loss of civil rights, $500 in penalties and $1839.50 in attorney’s fees, along with terms to ensure the violation did not recur. The parties agreed to comply with the order.


DISABILITY ACCESS TO PROGRAMS AND SERVICES

King County continued to demonstrate its strong commitment to accessibility with a broad range of activities to ensure that people with disabilities can access its facilities, programs, services, and activities.

Accessibility Evaluation of Programs and Services. OCRE Disability Compliance Specialists (DCSs) worked with staff throughout King County Government to evaluate accessibility of programs and services, and develop corrective action plans to increase accessibility.

Training. OCRE DCSs provided training to King County staff, explaining disability access laws and how to provide accommodations.

504/ADA Advisory Committee. This volunteer, community-based committee continued to serve in an advisory capacity to the King County Executive, and helped develop the 1999-2001 Affirmative Action Plan, including a goal to increase King County employment of individuals with disabilities.

King County Parks Accessibility Evaluation. King County worked with an ADA consulting firm to evaluate 104 County parks and recreational areas. A comprehensive corrective action plan will be developed to improve accessibility.

Disability Employment Awareness Month. In October, OCRE and Diversity Management Services from the Office of Human Resource Management created a display and coordinated several panel discussions featuring King County employees with disabilities. We aimed to raise disability awareness and acknowledge the contribution of all employees.

Kiosk and Web Site Accessibility. OCRE DCSs continued to provide technical assistance to kiosk designers and web designers to improve accessibility of King County electronic information.

Grievances. OCRE received six new grievances alleging discrimination by King County in the provision of programs and services, and resolved nine grievances by working with both the grievants and County departments to help ensure barriers were removed as appropriate.

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Disability Access

"It means so much to me to have my independence and be safe." Crystal Kroum

Due to severe disabilities, Crystal Kroum was not able to use a standard pedestrian walk signal button. As the result of the grievance filed by Crystal with King County, the region’s first "wheelchair detector" was developed and installed at a busy intersection in north Seattle. Now, by simply moving her power wheelchair over a detector, Crystal can trigger the pedestrian walk signal. Because of her advocacy, and the responsiveness of King County and the City of Shoreline, that intersection is now safer for anyone who uses a power wheelchair.


1999 OCRE GOALS
  • Reduce the time needed to resolve fair housing, fair employment and public accommodations cases
  • Expand our outreach and education program to inform more individuals and organizations of their rights and responsibilities
  • Continue to assist in reviewing and updating the County's ADA self-evaluation and corrective action plan for programs and services, and transition plan for facilities
  • Establish more partnerships with other civil rights agencies and County departments to utilize their expertise and increase effectiveness
  • Review the County's fair housing, fair employment and public accommodations ordinances for possible amendments
  • Continue providing a positive and supportive work environment for staff, fostering teamwork and personal development

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Special Project: King County Dr. Martin Luther King, Jr. Celebration

OCRE coordinates the County’s annual Dr. Martin Luther King, Jr. Celebration, which is presented by a committee of employees from many County departments. The Celebration, held in Union Station on January 16, 1998, featured County executive Ron Sims as speaker, and awards to County employees whose work embodies Dr.King’s vision. Entertainment included a jazz group from Garfield High, Filipiniana Dance Company, dance artist Craig Williams and the a cappella quartet Main Attraction. The committee also produced its popular annual calendar, featuring a painting of Dr. King with children by artist Ann Grayson.


OCRE TEAM 1998-1999
Current Team Members

Faygele benMiriam, Office Coordinator
Karen Buehler, Office Technician
Bailey de Iongh, Manager
Leticia Fraga, Civil Rights Specialist
Tom Graham, Database Development
John "Sandy" Macdonald, Civil Rights Specialist
Karen Murray, Civil Rights Specialist
Eli O'Herlihey, Special Projects Assistant
Karen Ozmun, Disability Compliance Specialist
Donida Pennewell, Student Assistant
Roxanne Vierra, Disability Compliance Specialist

Former Team Members

Karen Norton, Civil Rights Specialist
Della Shaffer, Disability Compliance Specialist
Brent Wilson, Student Assistant

Department of Information and Administrative Services

Sheryl Whitney, Director
Jim Buck, Acting Deputy Director

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"Where, after all, do universal human rights begin? In small places, close to home--so close and so small that they cannot be seen on any maps of the world… Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere." --Eleanor Roosevelt


HOW TO REACH US

We want everyone to understand their rights and responsibilities under the law. We are available to answer your questions whether you are a landlord or a tenant, employer or employee, or if you provide or use public accommodations. We can also answer questions relating to disability access to County services and facilities.  We also provide training sessions and written materials on selected topics.

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Please contact us for more information:

King County Office of Civil Rights
Room 260, Yesler Building
400 Yesler Way
Seattle, WA 98104-2683

(206) 296-7592
(206) 296-7596 TTY
e-mail: civil-rights.ocr@metrokc.gov

This report is available in alternate formats upon request.
Updated: Jan. 2, 2002

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